MFA/4041/2019 of RAJAPPA @ RAJU Vs SHAFIULLA B on 1 June 2026

ORAL JUDGMENT

This appeal by the injured - claimant calling in question the judgment and award dated 17.01.2018 in MVC.No.609/2017 passed by the I Additional District and Sessions Judge and MACT, Tumkur1. The Tribunal by the impugned judgment and award dismissed the claim petition.

1 ‘Tribunal’ for short

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2. Heard Sri.Shantharaj.K, learned counsel appearing for the appellant-claimant and Sri.B.C.Shivanne Gowda, learned counsel appearing for respondent No.2/Insurer; respondent No.1 though served remained unrepresented.

3. Sri.Shantharaj.K, argued this matter on short point that the reason for the Tribunal to dismiss the petition is that as per the report of the Motor Vehicle Inspector, there is no corresponding damage found on the offending car. The Tribunal only on the basis of Ex.P4, stated that the contents referred in Ex.P4 falsifies the claim of the petitioner about involvement of the alleged vehicle. He further submits that a complaint came to be registered as FIR on 27.09.2016 regarding the accident occurred on 23.09.2016. This complaint is based on the statement given by the injured in the hospital, wherein he has clearly mentioned the number of the vehicle. The police having conducted the investigation, filed charge sheet against the driver of the offending car. The Tribunal

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solely based its entire judgment on Ex.P4 and brushed aside the other materials found on record viz., the FIR, charge sheet materials, discharge summary and MLC report and given more weightage to Ex.R1 MLC report.

4. Further, Sri.Shantharaj, submits that the Insurer has not placed any evidence to deny the accident occurred either by examining any independent witnesses or the police personal who has investigated the case. In these circumstances, the entire judgment and award suffers from serious perversity and erroneous, which requires interference at the hands of this Court and sought to allow the appeal.

5. In contract, Sri. B.C.Shivanne Gowda, submits that the Tribunal is right in holding that car is not involved in the accident on the basis of Ex.P4, which is the crucial document, i.e., the report prepared by the Motor Vehicle Inspector, which clearly indicates that the rear damages found on the motorcycle, however, there are no corresponding damages found on the car which is the

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offending vehicle. Thus, the Tribunal has rightly considered that the claim of the claimant is false. The Tribunal while assessing the case of the claimant has considered other records also, as such, the judgment and award passed by the Tribunal does not call for any interference.

6. Having considered the rival submissions, I have gone through the entire appeal memorandum as well as the Trial Court records.

7. It is forthcoming from the judgment that, the only reason for the Tribunal to dismiss the claim petition as contended by Sri.Shantharaj.K, learned counsel for the claimant, is Ex.P4, which is the report submitted by the Motor Vehicle Inspector and given more weightage to Ex.R1 MLC report. Except these documents, there is nothing on record placed by the Insurer to deny the accident. The Tribunal has not at all considered the other materials placed by the claimant while giving a finding on Issue No.1. As rightly submitted by the learned counsel for the appellant, the finding of the Tribunal is erroneous as

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the Tribunal has not discussed any other documents placed on record on the merits of the case, which ought to have been considered and deliberated by the Tribunal. In these circumstances, this Court finds force in the argument of Sri.K.Shantharaj, learned counsel appearing for the claimants. Accordingly, this appeal is allowed by setting aside the judgment and the matter stands remanded to the Tribunal to give finding on the basis of other materials placed. Both the parties are given liberty to place further evidence on Issue No.1 and to take all contentions.

8. Accordingly, this Court proceeds to pass the following:

ORDER

i) The appeal is allowed and remanded. ii) The judgment and award dated 17.01.2018 in MVC.No.609/2017 passed by I Additional District and Sessions Judge and MACT, Tumkur

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is set aside and the matter stands remanded to the Tribunal for fresh consideration. iii) Both the parties are at liberty to place further evidence in support of their claims.

iv) All contentions are left open. v) The Tribunal is requested to make all endeavors to dispose of the matter in view of long pendency of the appeal within an outer limit of three months from the date of first appearance.

vi) The parties, since represented by the learned counsel before this Court and directed to appear before the Tribunal on 30.06.2026 without expecting any notice from the Tribunal.

vii) It is for the appellant to intimate the learned counsel who has represented the Insured before the Tribunal to be present before the Court, on the first date of hearing stated supra.

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viii) The Tribunal shall dispose of the matter within four months from the date of first appearance i.e., on 30.06.2026. With these observations this appeal stands disposed.

ix) Registry is directed to send back the trail Court records within two weeks from today without causing any further delay. Since, the matter is remanded and the date is fixed on 30.06.2026.

Sd/- (T.M.NADAF) JUDGE

PK List No.: 1 Sl No.: 1 ct-vn